NEC3 ECC: Impact of quantities being stated in the Works Information when...
Under an ECC3 Option C contract, the Works Information contains a number of schedules which include quantities of work to undertake; an example is ducting and lets say it states there is 4,580KM of...
View ArticleNEC3 ECC: Interpretation of clause 64.2
Core clause 64.2 provides the Project Manager with the facility to use his own assessment of the effect of a compensation event on the remaining work subject to one of two criteria. The first criteria...
View ArticleNEC3 ECC: option D - The Prices with regards to final assessment
Under 11.2 (31) of the NEC3 option D the guidance notes states the final assessment needs to take account of CE's and re-measurement of the work done. Does that mean the BoQ is completely re-measured...
View ArticleAnswered: NEC3: Is a programme submitted as part of a quotation submitted for...
It is not the intent that a programme submitted as part of the quotation ever becomes the Accepted Programme once the quote has been accepted/implemented. If you think about it, it wouldn't make sense...
View ArticleAnswered: NEC3 ECC: Failure of fabricated Plant and Materials test and...
I assume from the reference to 'Disallow' with a capital initial that you are working under a cost based option i.e. C, D or E in which case the same clause applies for Disallowed Cost. That clause is...
View ArticleAnswered: NEC3 ECC: Direct/Subcontractor fee percentages when using Option A
In main Option A the Defined Cost 11.1(22) is the cost of the components in the SSCC whether work is subcontracted or not excluding the cost of preparing quotations. What this means is that for the...
View ArticleAnswered: NEC3 ECC: Amount Due on termination of the Subcontract
You are nearly there you also need to look at the reason for termination in the termination table 90.2 - the amount due is A1 and depending on the reason will also include a combination of A2, A3 or A4...
View ArticleAnswered: NEC3 ECC Additional Damage Costs
This would seem to be an insurance matter and will depend on at what point you in the contract e.g. before or after Completion and whether in the period upto the defects date and also what insurances...
View ArticleAnswered: NEC3 ECC: How long do you have to react to a PMI?
There is no set timescale as to how quickly you should react to a PMI. It really depends what the instruction is for. If you are instructed to do something that is a compensation event, then you just...
View ArticleAnswered: NEC3 ECC: Cl 32.1 - Changes to the Accepted Programme
Rather than state who is right or wrong I think we just need to bang some heads together! However, the NEC does not promote violence so lets answer this more practically: Project Manager is within his...
View ArticleAnswered: NEC3 ECC: Revised programmes
I would agree with the Project Manager that submitting a programme with the only actual data being two weeks old is far too long. If I was that Contractor I would be expecting to bring everything up to...
View ArticleAnswered: NEC3 ECC: What is the process for dealing with unexpected ground...
1) The Contractor should notify that they believe this to be a compensation event stating why. It looks like this would be a CE due to clause 60.1(12) which is ground conditions that would have been...
View ArticleAnswered: NEC: ECC Option A - how do I assess Compensation Events when the...
Cost component 11 in the SSCC would cover all the specific items listed in cost component 1 in the Schedule of Cost Components. So it is worthwhile using the SCC cost components to build up your people...
View ArticleAnswered: NEC3 ECC: Is Damage to Existing Infrastructure a Disallowed Cost?
I would have thought this would come under the third insurance in the table in Clause 84.2, which is to be provided by the Contractor.
View ArticleAnswered: NEC3 ECC: What is the outcome if Clause 60.1(12) has been deleted...
In very simple terms - Yes!
View ArticleAnswered: NEC3 ECC Option C - Is damage to crew transport a disallowable cost?
I think Jon has answered the question you have asked - however I smile slightly at the mention of an early warning here. I assume that you don't know who did the theft, and if you could have raised an...
View ArticleAnswered: NEC3: How can I forecast defined cost of a compenation event if...
Compensation events which are Employer risk events under the contract - should put the Contractor back into the same position had the compensation event not occurred. Using Defined Cost in lieu of...
View ArticleAnswered: NEC3 ECC: If the Employer reduces the scope of the works to be...
No. This will be a compensation event, which will lower the total of the Prices, and also bring forward planned Completion - but Completion Date does not move. The only real benefit to the Contractor...
View ArticleAnswered: NEC3 PM DISAGREES WITH CE EVALUATION/QUOTATION
Project Manager should make their own assessment if they do not believe the quotation to be correct. Assuming these works have already been instructed under 61.1, the works should be proceeding anyway....
View ArticleAnswered: NEC3 Short contract termination
I am assuming that it is the Employer terminating for Reason 5 which is "for any other reason". If this is the case then, as with all terminations, the Contractor is paid an amount in accordance with...
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